There is hereby established a Board of Zoning Appeals, which shall perform such duties and exercise such powers as provided in Sections 18 through 23 inclusive, of Act 184 of the Public Acts of 1943, as amended and as hereafter amended, to the end that the purposes and objectives of this Ordinance shall be observed, public safety secured, and substantial justice done. The Board of Appeals shall consist of five (5) members, appointed by the Township Board, as follows:

A.

The first member shall be a member of the Planning Commission.

B.

The remaining members shall be electors of the Township residing outside of incorporated cities, and shall be representative of the population distribution and of the various interests present in the Township.

C.

Or the remaining members, one may be a member of the Township Board.

No employee or contractor of the Township Board may be a member or employee of the Board of Appeals.

No elected officer of the Township may serve as chairman of the Board of Appeals. The total amount allowed the Board of Appeals in any one (1) year as per diem or as expenses actually incurred in the discharge of their duties shall not exceed a reasonable sum which shall be determined by the Township Board and appropriated annually in advance by the Township Board. Members of the Board of Appeals shall be removable by the Township Board of nonperformance of duty or misconduct in office upon written charges and after public hearing. A member shall disqualify himself from a vote in which he has a conflict of interest. Failure of a member to disqualify himself from a vote in which he has a conflict of interest shall constitute misconduct in office.

The term of each member shall be for three (3) years, except that of the members first appointed, one (1) shall serve for one (1) year, two (2) shall serve for two (2) years, and two (2) shall serve for three (3) years. Terms of the Planning Commission and Township Board representatives shall not exceed their official membership of those respective bodies. A successor shall be appointed not more than one (1) month after the term of the preceding member has expired. All vacancies for unexpired terms shall be filled for the remainder of the term.

The Board of Appeals shall not conduct business unless a majority of the members of the Board are present.

That the Township Board may appoint from the electors of the Township not more than two (2) alternate members for the same term as regular members to the Zoning Board of Appeals. An alternate member may be called by the Chairperson of the Zoning Board of Appeals to sit as a regular member if a regular member is absent from or unable to attend two or more consecutive meetings of the Zoning Board of Appeals or will be unable to attend meetings for a period of more than 30 consecutive days. An alternate member may also be called by the Chairperson of the Zoning Board of Appeals to serve in the place of a regular member for the purpose of reaching a decision on a case in which the regular member has abstained for reasons of conflict of interest. The alternate member, having been appointed and called, shall serve in the case until a final decision has been made. The alternate member shall have the same voting rights as a regular member of the Zoning Board of Appeals. No such alternate member, under this Section, shall be a member of the Township Board or a member of the Township Planning Commission. (Adopted November 19, 1990.)

All meetings of the Board of Appeals shall be held at the call of the Chairman, and at such times as the Board may determine. All meetings of the Board of Appeals shall be open to the public. The Board of Appeals shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent or failing to vote, indicating such fact, and shall keep records of its findings, proceedings at hearings, and other official actions, all of which shall be immediately filed in the office of the Township Clerk and shall be a public record.

The Chairman of the Board of Appeals or in his absence the Acting Chairman, shall have the power to compel the attendance of witnesses and administer oaths.

An appeal may be taken to the Board of Appeals by any person, firm or corporation, or by an officer, department, board or bureau affected by a decision of the Zoning Enforcement Officer. Such appeal shall be taken within such time as shall be prescribed by the Board of Appeals by general rule, by filing with the Zoning Enforcement Officer and with the Board of Appeals a notice of appeal, specifying the grounds thereof. The Zoning Enforcement Officer shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Enforcement Officer certifies to the Board of Appeals after notice of appeal has been filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed, otherwise than by a restraining order, which may be granted by a court of record.

The Board of Appeals shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties and shall render a decision on the appeal without unreasonable delay. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney.

The Township Board may from time to time prescribe and amend by resolution a reasonable schedule of fees to be charged to applicants for appeals to the Board of Appeals. At the time the notice for appeal is filed said fee shall be paid to the Secretary of the Board of Appeals, which the Secretary shall forthwith pay over to the Township Treasurer to the credit of the general revenue fund of the Township.

A.

The Board of Appeals shall not have the power to alter or change the zoning district classification of any property, nor to make any change in the terms of this Ordinance nor to permit any use in a district in which it is not permitted, but does have power to act on those matters where this Ordinance provides for an administrative review, interpretation, exception or special approval permit and to authorize a variance as defined in this Section and laws of the State of Michigan. Said powers shall include:

(1)

Administrative Review. To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision or refusal made by the Zoning Enforcement Officer or any other administrative official in carrying out or enforcing any provisions of this Ordinance.

(2)

Variance.

(a)

Dimensional or Non-Use Variances. To authorize, upon an appeal, a variance from the strict application of the provisions of this Ordinance where by reason of exceptional narrowness, shallowness, shape or area of a specific piece of property at the time of enactment of this Ordinance or by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of such property, the strict application of the regulations enacted would result in peculiar or exceptional practical difficulties upon the owner of such property provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this Ordinance. In granting a dimensional variance, the Board of Appeals may attach thereto such conditions regarding the location, character, and other features of the proposed uses as it may deem reasonable in furtherance of the purpose of this Ordinance. A dimensional variance shall not be granted unless all of the following standards are met:

(i)

Special conditions and circumstances exist that are unique to the land, structures, or building involved, and are not applicable to other lands, structures, or buildings in the same district.

(ii)

The special conditions and circumstances on which the variance request is based do not result from the actions of the applicant.

(iii)

Literal interpretation of this Ordinance would deprive the applicant of rights commonly enjoyed by other property owners in the same district under the terms of this Ordinance.

(iv)

Granting the variance requested would not confer upon the applicant any special privilege that is denied by the Ordinance to other lands, structures, or buildings in the same district.

(v)

The existence of non-conforming uses of neighboring lands, structures, or buildings in the same district; permitted or nonconforming uses of land, structures, or buildings in other districts; and non-conforming structures shall not be considered grounds for the issuance of a variance.

(vi)

A variance granted shall be a minimum that will make possible a reasonable use of the land, building, or structure.

(vii)

A variance granted shall be in harmony with the intent of this Ordinance and will not be injurious to the environment, neighborhood, or otherwise detrimental to the public interest.

(b)

Use Variances. The Board of Appeals shall not have the authority to grant a variance for a specific use of land that is not otherwise permitted in the district in which the property is located.

(3)

Exceptions and Special Approvals. To hear and decide in accordance with the provisions of this Ordinance, requests for exceptions, for interpretations of the Zoning Map, and for decisions on special approval situations on which this Ordinance specifically authorizes the Board of Appeals to pass. Any exception or special approval shall be subject to such conditions as the Board of Appeals may require to preserve and promote the character of the zone district in question and otherwise promote the purpose of this Ordinance, including the following:

(a)

Interpret the provisions of this Ordinance in such a way as to carry out the intent and purpose of the plan, as shown upon the Zoning Map fixing the use districts, accompanying and made part of this Ordinance, where street layout actually on the ground varies from the street layout as shown on the map aforesaid.

(b)

Permit such modification of automobile parking space or loading space requirements where, in the particular instance, such modification will not be inconsistent with the purpose and intent of such requirements.

(c)

Permit such modification of the height and area regulations as may be necessary to secure an appropriate improvement of a lot which is of such shape, or so located with relation to surrounding development or physical characteristics, that it cannot otherwise be appropriately improved without such modification.

(d)

Permit temporary buildings and uses for periods not to exceed six (6) months. A trailer may be authorized on a temporary basis for a period of one (1) year during construction. The temporary permit may be extended for a period not to exceed one (1) year provided the applicant has made reasonable progress on construction. Reasonable progress shall basically represent construction representing approximately fifty (50) percent of the estimated construction costs. Any temporary use so approved shall be requested to post a bond with the Township Treasurer which will cover the cost of its removal at the time of expiration of the permit.

(e)

Permit, upon proper application, temporary uses which do not require the erection of any improvement of a structural nature of temporary use, not otherwise permitted in any district, not to exceed twelve (12) months with the granting of twelve (12) month extensions being permissible, upon showing good cause. The Board of Appeals, in granting permits for the above temporary uses, shall do so under the following conditions:

(i)

The granting of temporary use shall in no way constitute a change in the basic uses permitted the district nor on the property wherein the temporary use is permitted.

(ii)

The granting of the temporary use shall be granted in writing, stipulating all conditions as to time, nature of development permitted and arrangements for removing the use at the termination of said temporary permit.

(iii)

All setbacks, land coverage, off-street parking, lighting and other requirements to be considered in protecting the public health, safety, peace, morals, comfort, convenience and general welfare of inhabitants of the Township shall be made at the discretion of the Board of Appeals.

(iv)

In classifying uses as not requiring capital improvement, the Board of Appeals shall determine that they are either demountable structures related to the permitted use of land, or structures which do not require foundations, heating systems or sanitary connections.

(v)

The use shall be in harmony with the general character of the district.

(vi)

No temporary use permit shall be granted without first giving notice to owners of adjacent property of the time and place of a public hearing to be held as further provided for in this Ordinance. Further, the Board of Appeals shall seek the review and recommendation of the Planning Commission prior to the taking of any action.

(f)

Permit, upon proper application, temporary accessory structures in the R-1 Family Residential Zoning District or R-2, Two-Family Residential Zoning District. The Board of Appeals in granting approval of a temporary accessory structure, shall do so under the following terms and conditions:

(1)

The Board of Appeals shall determine that the proposed temporary accessory structure is a removable structure which is: clearly incidental to the principal use, customarily found in connection with the principal use; and, is located on the same zoning lot as the principal use to which it is related. Temporary accessory structures shall include, but [not] necessarily be limited to, cold frames, hoop houses, carport shelters, pet enclosures, and mini garages and sheds. In no instance shall the establishment of a temporary accessory structure constitute a change in the basic uses permitted in the district or on the premises whereon the temporary accessory structure is permitted.

(2)

Notwithstanding the requirements of this Section, the Board of Appeals may approve a temporary accessory structure with conditions, or modify any of the standards related to its size, placement, and duration in consideration of the standards contained in Section 22.02 and the size of the subject parcel or lot, to ensure that the temporary accessory structure will be compatible with adjacent uses of land, the natural environment, and the capacities of public services and facilities, and to also insure that its use is consistent with the public health, safety, and welfare of the Township. In granting approval, the Board of Appeals shall stipulate the arrangements for removing the temporary accessory structure at the termination of its approval period. Extensions of the approval period may be granted by the Board of Appeals. Time extensions may be granted with notice.

(3)

The temporary accessory structure shall be demonstrated to be durable and weather-resistant. Temporary accessory structures larger than 32 square feet in area and which also require utility service shall be compliant with local building and fire codes. Temporary accessory structures shall be maintained intact. Any repairs shall be consistent with the original construction. Temporary accessory structures shall be repaired, removed, or replaced when found in a deteriorated condition.

(4)

All temporary accessory structures shall be located in the rear yard. There shall be no limit on the number of temporary accessory structures that may be located on the premises, provided that they comply with the lot coverage requirements of Section 3.11, E.

(5)

A temporary accessory structure shall not exceed a height of eight feet, or exceed a length of 15 feet.

(6)

A temporary accessory structure shall not be less than two feet from any side or rear property line; however, in no instance shall a temporary accessory structure be located less than ten feet to a principal building on an adjacent lot.

(7)

The following temporary accessory structures are exempt from the provisions in this section:

i.

A cloche, cold frame, elevated grow shelter, hot house, hoop house or similar structure which is less than three feet in height and 32 square feet in area, and used by a hobbyist gardener for the growing of decorative plants or food for their personal use and/or consumption.

ii.

An animal enclosure which is less than four feet in height and 32 square feet in area.

iii.

Ten rentals typically used in conjunction with a wedding reception, graduation party, or similar event held on the premises.

iv.

Private swimming pools having a diameter of less than 12 feet or an area of less than 100 square [feet] (see also Section 3.28).

v.

Playhouses and play structures for children which are less than 32 square feet in area.

B.

In consideration of all appeals and all proposed variations to this Ordinance, the Board of Appeals shall, before making any variations from the Ordinance in a specific case, first determine that the proposed variation will not impair an adequate supply of light and air to adjacent property, or unreasonably increase the congestion in public streets, or increase the danger of fire or endanger the public safety, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals or welfare of the inhabitants of the Township. The majority vote of three (3) members of the Board of Appeals shall be necessary to reverse any order, requirements, decision, or determination of the Zoning Enforcement Officer, or to decide in favor of the applicant any matter upon which it is authorized by this Ordinance to render a decision. Nothing herein contained shall be construed to give or grant to the Board of Appeals the power of authority to alter or change this Ordinance or the Zoning Map, such power and authority being reserved to the Township Board in the manner provided by law.

The Board of Appeals shall not have the authority to grant a variance for a specific use of land that is not otherwise permitted in the district in which the property is located.

(Ord. No. 152N(Amd.), § 1, 5-8-07; Ord. No. 338, § 2, 5-13-14)

In exercising the above powers, the Board of Appeals may reverse or affirm wholly or partly, or may modify the orders, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the Zoning Enforcement Officer from whom the appeal is taken.

The Board of Appeals shall make no recommendation except in a specific case and after a public hearing. By a general rule or in specific cases, determine the interested parties who, in the opinion of the Board of Appeals, may be affected by any matter brought before it, which shall in all cases include all owners of record of property and the occupants of all single-family and two-family dwellings within three hundred (300) feet of the premises in question, such notices to be delivered personally or by mail addressed to the respective owners at the address given in the last assessment roll. If the tenant's name is not known, the term occupant may be used. The Board of Appeals may require any party applying to the Board of Appeals for relief to give such notice to other interested parties as it shall prescribe.

A.

The decision of the Board of Appeals shall be final. However, a person having an interest affected by the Board of Appeals' decision may appeal the decision to Circuit Court.

B.

The Board of Appeals is without general authority to reconsider a matter it has decided and from reversing its previous decision unless the facts and circumstances which actuated the decision have so changed as to vitiate or materially effect the reason which produced and supported it, and no vested rights have intervened.

A.

No order of the Board of Appeals permitting the erection of a building shall be valid for a period longer than six (6) months, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

B.

No order of the Board of Appeals permitting a use of a building or premises shall be valid for a period longer than six (6) months unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building such order shall continue in force and effect if a building permit for said erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

C.

The reason(s) utilized as a basis for making any decision shall be stated in the minutes of the Board of Appeals.

D.

If a variance granted is not utilized within twelve (12) months of its approval, the variance shall be considered null and void and an application must be refiled if it is desired at a future date. A variance which is legally utilized and maintained runs with the property and any subsequent owners who legally continue the variance under its original or amended terms.